Eleventh Circuit Court of Appeals - Published Opinions

Thursday, May 27, 2010

Boffil-Rivera: False Statement was Material

In U.S. v. Boffil-Rivera, No. 08-16098 (May 27, 2010), the Court rejected a sufficiency of the evidence challenge to a conviction for making a false statement of material fact in a matter within the jurisdiction of a government agency, in violation of 18 U.S.C. § 1001(a)(2).

Boffil-Rivera denied to federal immigration officials that he had anything to do with a gun that was found in the car in which he was a passenger. The Court found that there was sufficient evidence that this statement was false, that the denial was intended to mislead, and that it was material because, at the time, Boffil-Rivera was not permitted to possess a gun.